Major renovation of an apartment at state expense

How to get an apartment repaired at state expense

In Russia, there is a state program to help socially vulnerable citizens, which allows disabled people and veterans of the Great Patriotic War to renovate their homes free of charge.

The program is being implemented in accordance with the instructions of the President, which he gave in 2013. However, despite the promises, many apartments in Moscow were not renovated under this program; similar cases were investigated by the prosecutor's office of the Kamchatka Territory, Tula and Yaroslavl regions.

On the broadcast of “I Have the Right” on OTR, we tell you which categories of citizens who do not have a basis for receiving housing from the state can count on major repairs. These are veterans and disabled people of the Second World War, orphans and children without parental care, as well as disabled people of the 1st and 2nd groups.

Documents are submitted to the district government, if we are talking about Moscow, or to the city administration, if you live in the region. Required list:

— A document confirming the availability of a preferential category;

— Documents for the apartment (for Moscow — a single housing document);

— Certificates of income of family members.

The decision on the need for repairs is made by an interdepartmental commission.

“Control should be carried out not only on papers. In any construction or repair, control must be carried out visually... The state program is implemented, published, funds are allocated for it, and it is subject to execution ,” recalls lawyer Alexander Zorin.

If there is no repair or if it is carried out only “on paper” (and such cases are happening more and more often), it is necessary to contact the district government. No more than two months should pass from the moment of submitting the application to the start of repairs. It is also recommended to write an appeal to the city administration, the prosecutor's office and report the fact of fraud to the police. A complaint can be submitted to the Presidential Administration.

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Result of the request: what do we get?

The size of the subsidy, which provides a discount for major repairs in a residential building, is determined by the number of family members or the apartment area standards.
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It is calculated in the following order:

• a person living alone receives a discount on only 33 square meters. For two citizens, subsidies are calculated for 42 square meters, for three – 18 square meters per person;
• when paying for real estate in shared ownership, preferences are granted only to the beneficiary;
• the state compensates only for payments obligatory for homeowners; residents pay additional funds on their own;
• for profitable households, major repairs can be paid for from their source of income.

Important! The stated provisions are general. The specific type of benefit depends on the subject of the Russian Federation.

Calculation example

Let's consider how a subsidy will be calculated for large families for major repairs, based on a housing area of ​​60 square meters, parents and three minors:

1. The social norm indicator is 18 square meters. m., which for 5 will be 90 sq. m.;
2. The discount for this category is 30%;
3. The ruble equivalent of the preference is 60 sq. m.*price per meter*30%;
4. In 2015, you were supposed to pay 7 rubles per square meter for major repairs. 50 kopecks;
5. Benefit calculation – 60 sq. m.*7.5*30% = 135 rub.;
6. Monthly payment 60 sq. m * 7.5 – 135 = 315 rub.

Calculation example for apartments with shared ownership

Let us clarify how the payment preference will be calculated for two owners. The owners of the real estate are an 80-year-old grandmother and an adult grandson with a Group 2 disability. Each of them has a discount. The area of ​​real estate in a multi-storey building is 54 square meters.

1. The share ratio of owners is 54 sq. m.: 2 = 27 sq. m.;
2. The grandmother is exempt from collecting the contribution, the grandson pays only 50%;
3. Using the city of Moscow as an example, its part will be 27 square meters. m.*7.5*50%=101.35;
4. The total amount for a family is 101 rubles. 22 kopecks

On a note! The examples took into account the cost per square meter of living space, the size of the discount and the social norm.

Major renovation of a municipal apartment

The Housing Code quite clearly describes the basic rights and obligations of both the tenant and the landlord.
However, as practice has shown, many citizens living in municipal-type apartments have a poor understanding of their rights and responsibilities. This usually leads to controversial situations between the owners of municipal apartments and their tenants, especially when the issue of repairs arises. If previously it was possible to dispose of public housing quite freely, now in many cases the consent of the landlord - the owner of the residential premises - is required. Is it possible to arrange a redevelopment of a municipal apartment? At whose expense are repairs carried out? Is it worth treating the apartment “as if it were your own” in this regard?

First of all, we note that the main responsibility of the tenant (here he is not much different from the owner) is timely payment of housing and utilities. But he does not pay real estate taxes.

Also, the tenant must use the residential premises for their intended purpose and within the limits established by the Housing Code; ensure the safety of the living space and maintain it in proper condition. This includes current repairs, for which the person living in the room or apartment is entirely responsible. Such repairs mean whitewashing, painting and pasting walls, painting the floor, ceiling, doors and window sills, as well as window frames on the inside and radiators.

The tenant must independently replace window and door devices if they are unsuitable, repair electrical wiring and other utility networks. Of course, with the help of specialists. Redevelopment of residential premises without obtaining appropriate approval from the landlord is prohibited. However, do not confuse the current repair of a room/apartment with common property. In the second case, it must be paid by the owner, that is, the state.

The state is also obliged to carry out major repairs of a municipal apartment. The tenant may request that the municipality carry out major repairs to the apartment, and the municipality is obliged to carry it out. If the tenant is refused to carry out major repairs of housing, he should conduct an examination of the technical condition of the residential premises from independent specialists, and in court demand that major repairs be carried out. If the tenant had to independently carry out major repairs to his home, he has the right to recover reimbursement of expenses. And finally, you are also not required to pay contributions for major repairs of the apartment building in which your municipal housing is located. The municipality must deal with the receipts.

Article 676. Obligations of the landlord of residential premises

1. The landlord is obliged to hand over to the tenant vacant residential premises in a condition suitable for habitation.

2. The lessor is obliged to carry out proper operation of the residential building in which the rented residential premises are located, to provide or ensure the provision of necessary utilities to the tenant for a fee, to ensure the repair of the common property of the apartment building and devices for providing utilities located in the residential premises.

Commentary to Art. 676 Civil Code of the Russian Federation

1. Formulating the obligations of the landlord, the commented article, on the one hand, introduces rules that apply to any residential premises rented out under a rental agreement, and, on the other hand, highlights the regulation of rentals, where the object is apartments or isolated rooms in apartment buildings. The general rules include: firstly, regulation of the obligation to transfer to the tenant free residential premises and, importantly, in a condition suitable for habitation; secondly, the provision that, unless otherwise established by the contract, the landlord’s obligation is to overhaul the rented residential premises (see Article 681 of the Civil Code and the commentary thereto).

2. For landlords of residential premises located in apartment buildings, an obligation is established to carry out proper operation of the residential building in which the rented residential premises are located, to provide or ensure the provision of necessary utilities to the tenant for a fee, to ensure the repair of the common property of the apartment building and devices located in a residential area.

3. The responsibilities of the landlord of a residential premises also include carrying out major repairs, while in a commercial lease agreement the parties can agree on such repairs being carried out by the tenant (see Article 681 of the Civil Code and the commentary thereto). Reconstruction of the house in which the rented residential premises is located, if such re-equipment significantly changes the conditions of use of the residential premises, is not permitted without the consent of the tenant (see Article 681 of the Civil Code and the commentary thereto).

Who is exempt from paying contributions?

The circumstances of the exemption of citizens from collecting money for major repairs are noted in paragraph 2 of Art. 169 of the Housing Code of the Russian Federation. The following have the right to 100% payment withdrawal:

• people renting residential premises under a social tenancy agreement;
• tenants of apartments from a private person - fees are paid by the owner of the real estate;
• residents of a building subject to demolition due to emergency conditions;
• citizens living in an apartment building, the land under which is seized for the needs of the state or municipality.

Important! Low-income families who have benefits for paying utility bills in accordance with Art. 154 residential complexes are exempt from the fee.

Article 154 of the Housing Code of the Russian Federation “Pay structure for residential premises and utilities”

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Who and how can receive money from the state for home repairs?

Summary:

Repair is not only a natural disaster on a family scale, but also an expensive undertaking, for which many have been preparing for many years. Not many people know that the cost of home repairs can be reimbursed by the state. Therefore, if you have made repairs, it will not be a bad idea to find out how and in what cases you can return part of the costs incurred.

Who is eligible to receive a subsidy?

Repair costs are compensated by a subsidy - a cash payment from the federal or regional budget.

You are eligible to receive a subsidy if you:

• a family member of a serviceman who died during conscription (actual military service);
• a family member of a citizen who served under a contract and died after being discharged from service upon reaching the age limit for military service with 20 years of service or more;
• a family member of a police officer of the Russian Federation who died in connection with the performance of official duties, or as a result of an illness received during service in the police department;
• a family member of an employee of an institution and bodies of the penal system, fire service, drug control authorities, customs authorities, who died in connection with the performance of official duties.

Family members include widows (widowers), provided that they have not entered into a new marriage; minor children if they became disabled before the age of 18; children under 23 years of age studying full-time, as well as persons who were dependent on a deceased serviceman.

At the regional level, the subsidy is set as a fixed or calculated amount. If you belong to one of the above categories, you can find out about the amount and procedure for receiving it from the social security authorities at your place of residence.

It is important to know that a subsidy for repairs is provided if the residential building is owned by a member of a military member’s family. If this is a residential building of the state or municipal housing stock, you will not be able to receive a subsidy. The subsidy also does not apply to apartment renovations. You can use the subsidy once every 10 years.

Refund of personal income tax in the form of a social deduction for housing renovation costs

If you do not fall under the list of persons entitled to a subsidy, you can receive a property deduction for personal income tax for housing construction. The term “housing construction” also includes the costs of repairing residential premises. Moreover, according to paragraph 3 of paragraph 1 of Art. 220 of the Tax Code of the Russian Federation, deductions are made not only for repair costs, but also for interest on a loan issued for such repairs.

However, you need to know that a deduction for home repairs is possible only if you purchase an apartment or house without finishing, and this condition is reflected in the purchase and sale agreement. A typical case where such a deduction is possible is the purchase of an apartment in a new building. If the contract specifies partial finishing of the apartment, then you can count on a social deduction from the amount of the remaining finishing.

For example: an apartment was transferred under a deed with floors, but without finishing the walls and ceiling. In this case, you can claim a deduction from the cost of purchasing consumables for their finishing.

If housing is purchased on the secondary market and requires repairs, the principle is the same - you need to indicate in the contract that the housing is transferred to the buyer with the need for repairs. As a rule, housing on the secondary market is sold suitable for living. Therefore, such a clause in the purchase and sale agreement provides a chance to confirm the need to repair the purchased home and prove a deduction for the amount of costs incurred.

You should know that repair costs are included in the total tax deduction amounting to 2 million rubles. If housing is purchased by spouses as common property, then each spouse is entitled to a social deduction in the specified amount. This means that you can get a deduction from the amount of 4 million rubles. And each spouse can claim repair costs from their part of the deduction.

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What happens if you don't pay

If a citizen has not paid fees for capital work, a penalty of 1/300 of the rate is charged on the remaining debt. The account holder may appeal to the judicial authorities in the event of a long delay. Withholding in this case is implemented by the FSSP.

On a note! For utility debts of 2 months, the benefits are suspended.

Fees for major repairs are mandatory and included in the payment for residential premises. A citizen cannot refuse payment at his own request. In view of this, it is recommended to take advantage of social benefits by confirming your membership in a specific category.

What can you get financial support for?

You are carrying out major renovations and want to apply for government financial support. It is issued for one of two purposes:

• reimbursement of part of the cost of paying interest for a loan or credit taken out to pay for services and work on major repairs of the building in the apartment building. An exception is a penalty for violating the terms of a loan or credit agreement,
• reimbursement of part of the costs for services and work on energy saving and increasing energy efficiency performed during major repairs.

How to return funds already paid

Refunds of money spent on capital repair contributions are due:

• owners of residential real estate in new buildings;
• single pensioners over 80 years of age;
• owners of real estate in a dilapidated building;
• people during resettlement;
• residents who have collected the minimum amount in their bank account to complete the work.

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In case of poor quality work or eviction, a statement is written indicating the reasons, the right to return, and its justification. The document is sent to the management or capital repair fund.

Conditions for receiving government support

You can count on financial support from the state only if the constituent entity of the Federation has approved regional programs for the capital repair of educational facilities in the MKD or short-term plans for the implementation of regional capital repair programs , or a regulatory legal act of the subject, drawn up in accordance with clause 1, part 2, art. 168 Housing Code of the Russian Federation.

These documents must contain:

• list of apartment buildings that are planned to receive financial assistance,
• types of work and services for major repairs of equipment in multi-unit apartment buildings,
• the deadline for completion of works and services in the apartment building for which it is planned to provide financial support no later than November 1, 2017,
• planned cost,
• size and sources of financing for capital repairs.

The house for which you want to receive assistance also has a number of requirements (if the house does not meet them, the Fund has the right to refuse support to you):

• not recognized as unsafe and subject to demolition or reconstruction,
• More than 5 years have passed since the MKD was put into operation, but less than 60,
• is equipped with an ODPU for the consumption of utility resources necessary to provide CG (heat, electricity), and payments for CG are carried out according to such PU continuously during the year preceding the date of approval of the regional program,
• major repairs of public health facilities in an apartment building are not financed by the regional operator, formed by contributions from the owners of the premises of another apartment building.

If you want to receive financial assistance for energy saving work , check that the MKD provides a list of measures to save energy and improve energy efficiency.

If money must be received to pay off interest costs, you must provide a letter to the credit institution of intent to issue a loan to the HOA, housing complex, housing cooperative, management organization in the currency of the Russian Federation for major repairs of common property in the apartment building .